(a) (1) In this section the following words have the meanings indicated.
(2) (i) “Commercial solicitation” means the unsolicited electronic or telephonic transmission in the State to a facsimile device to encourage a person to purchase goods, realty, or services.
(ii) “Commercial solicitation” does not include:
1. An electronic or telephonic transmission made in the course of prior negotiations; or
2. An electronic or telephonic transmission made in the course of a preexisting business relationship with the person receiving the transmission.
(3) “Facsimile device” means a machine that receives and copies reproductions or facsimiles of documents or photographs that have been transmitted electronically or telephonically over telecommunications lines.
(b) A person may not make intentionally an electronic or telephonic transmission to a facsimile device for the purpose of commercial solicitation.
(c) (1) The Attorney General may initiate a civil action against any person who violates this section to recover for the State a penalty not to exceed $1,000 for each violation.
(2) For the purposes of this section, each prohibited commercial solicitation is a separate violation.